Overview

The Migration Regulations 1994, as amended by the instrument F2011L01887, addresses the need for specific entities to certify employer nominations under the Regional Sponsored Migration Scheme. This legislative amendment was introduced to provide clarity and structure to the Regional Certifying Bodies responsible for validating employer nominations, ensuring that only designated bodies can certify that nominations meet the stipulated requirements. Furthermore, the instrument aims to delineate the geographical scope of regional Australia for the purposes of the scheme by specifying the regional postcodes. Enacted by the Australian Government, the policy objective is to streamline the certification process and accurately define regional areas to support the objectives of the Regional Sponsored Migration Scheme. The instrument, which commenced on 12 September 2011, updates the list of Regional Certifying Bodies and regional postcodes, reflecting changes such as the inclusion of Regional Development Australia Goldfields Esperance and modifications to the areas designated as regional Australia.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument, outline specific provisions for the Regional Sponsored Migration Scheme, particularly in relation to regional certifying bodies and the definition of regional Australia. This Instrument, made under the authority of subregulation 5.19(5) and paragraphs 5.19(4)(e) and 2.43(1)(la) of the Regulations, serves to specify the bodies that can certify employer nominations under the scheme, as well as the geographical parameters defining regional Australia. Notably, it includes Regional Development Australia Goldfields Esperance as a certifying body for the Goldfields Esperance region, replaces the ACT Chief Minister’s Department with the ACT Economic Development Directorate, and updates the definition of regional Australia to include the 'Entire State' of Western Australia. The Instrument also revises the regional postcodes to better reflect the scope of regional Australia. This update commenced on 12 September 2011, following consultation with relevant bodies, including Regional Development Australia Goldfields Esperance and the ACT Economic Development Directorate.

Key Provisions

The Migration Regulations 1994, as amended by the instrument F2011L01887, specify the Regional Certifying Bodies that are approved to certify certain nominations under the Regional Sponsored Migration Scheme (paragraph 5.19(4)(e)). The Regional Certifying Bodies have the authority to verify that employer nominations meet the stipulated requirements set out in paragraphs 5.19(4)(a), (b), and (c). Furthermore, subregulation 5.19(5) defines regional Australia as areas specified by a written instrument. Additionally, paragraph 2.43(1)(la) mandates that a visa holder under Subclass 457, who was granted the visa based on a nomination of an activity under regulation 1.20GA, must reside or work in an area specified by the Minister in a written instrument. The Act imposes several obligations on the Regional Certifying Bodies. Firstly, these bodies must adhere to the certification requirements set out in the Migration Regulations 1994. They are responsible for ensuring that the employer nominations they certify comply with the specific criteria outlined in paragraphs 5.19(4)(a), (b), and (c). Moreover, the Act requires the Regional Certifying Bodies to operate within the defined regional postcodes specified by the Minister. These postcodes delineate the geographical boundaries of regional Australia for the purposes of the Regional Sponsored Migration Scheme. Failure to comply with the provisions of the Migration Regulations 1994 and the specified instrument may result in various consequences. While the explanatory statement does not explicitly detail the specific penalties for non-compliance, breaches of the Migration Regulations can generally lead to administrative actions, fines, and other enforcement measures. The Act does not provide maximum penalties within the text; however, it is implied that the penalties would align with those stipulated in the broader Migration Act 1958. These penalties may include civil and criminal sanctions, depending on the nature and severity of the breach.